- From: asuncion
- Registered: 2011-01-26
- Posts: 24
What Happens If You Are Arrested
When a person is arrested because there is sufficient evidence of commiting an offense or participation as an accomplice in the commission of an offense, a citizen is generally transferred to the jurisdictional police station, where the suspect can only be deprived of his liberty for 6 hours.To proceed to the arrest of a citizen, it is absolutely necessary for a court order decreeing the arrest. After that time, the history of the case should be referred to the Public Ministry, specifically the Fiscal Agent who is on duty, as this is the body constitutionally established for the prosecution of crimes. Under the principles of presumption of innocence and rights, the participants are presumed innocent until a trial court renders a verdict which determines the question of guilt. All detainees have the right to a lawyer, if they can not afford one, the State appoints a Public Defender.
The detention may be acted on automatically when the crime has been made en flagrante delicto, that is, when the suspect has been seen by police or witnesses at the exact moment of the perpetration of the crime. Only in this case can the authorities proceed to the arrest of a person without a warrant.
Paraguayan criminal law divides punishable acts into two: a) misdemeanors b) felonies. The misdemeanor offenses are those offenses that have a criminal penalty under 5 years, while felony crimes are those offenses that are punishable by sentences exceeding 5 years. For example, minor injury caused to another person constitutes a misdemeanor crime, because it establishes a prison sentence of up to 3 years. on the other hand, the act of murder (intentionally killing a human being) is a felony crime, because the Penal Code stipulates a prison sentence of 30 years. When a person commits a felony, they can not benefit by so-called alternatives to prison, which replace the jail time or by other less punitive measures such as payment of a bond, the execution of the sentence at the home of the guilty person, among others.
Paraguayan criminal law proclaims the principle of territoriality of the law almost entirely. Exceptions to the rule are few. This principle does not differentiate between nationals and foreigners when punishing an offense, if a foreigner perpetrated a misdemeanor or felony in Paraguay, the same criminal procedure applies as to all nationals. Likewise, all the rights and guarantees to Paraguayan citizens also apply to foreigners.